Opinion

Castillo-Antonio v. Deumah

Court
District Court, N.D. California
Filed
Dec 6, 2022
Cited by
0 cases
Authority
More cited than 18.9%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JOSE DANIEL CASTILLO-ANTONIO, Case No. 22-cv-04032-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

SALAH ALI DEUMAH, et al., Re: Dkt. Nos. 11, 13

Defendants.

The motion to dismiss is granted. While Castillo-Antonio’s allegations suffice for

purposes of constitutional standing, they fail to state a claim upon which relief can be granted.1

The defendants bring a factual, rather than facial, attack on jurisdiction. In resolving such

a challenge, “the district court may review evidence beyond the complaint without converting the

motion to dismiss into a motion for summary judgment.” Savage v. Glendale Union High

School, 343 F.3d 1036, 1039 n. 2 (9th Cir. 2003). But a factual jurisdictional dismissal is

inappropriate when “‘the jurisdictional issue and substantive issues are so intertwined that the

question of jurisdiction is dependent on the resolution of factual issues going to the merits’ of an

action.” Sun Valley Gasoline, Inc. v. Ernst Enterprises, Inc., 711 F.2d 138, 139 (9th Cir. 1983);

see also In re Facebook, Inc., Consumer Privacy User Profile Litigation, 402 F. Supp. 3d 767,

788–89 (N.D. Cal. 2019). That is the case here, and so the Court considers the defendants’

jurisdictional challenge only as a facial attack.

The defendants argue that Castillo-Antonio has not alleged an injury-in-fact for purposes

1 This order assumes the reader’s familiarity with the facts of the case, the relevant law, and the

parties’ arguments.

of Article III standing. Castillo-Antonio’s allegations are not a model of concreteness or

particularity. But standing is construed broadly in civil rights cases. See Trafficante v.

Metropolitan Life Insurance Company, 409 U.S. 205, 209 (1972). Castillo-Antonio’s allegations

resemble allegations that the Ninth Circuit has recently deemed sufficient for purposes of

constitutional standing. See, e.g., Whitaker v. Panama Joes Investors LLC, 840 F. App’x 961,

963 (9th Cir. 2021); Whitaker v. Tesla Motors, Inc., 985 F.3d 1173, 1179 (9th Cir. 2021).

Castillo-Antonio alleges that he is “severely limited in the use of his legs.” He alleges

that he visited the defendants’ business on a specified date, and that the allegedly noncompliant

parking conditions caused him “difficulties in finding a safe place to park, safely exit his vehicle,

and reach and access the entrance safely.” He alleges that “[t]his . . . caused [him] legitimate

concern for his own safety as he got out of his vehicle and entered the facility.” He also alleges

that the service counter was too tall (over 36 inches) and not wide enough (less than 36 inches

long), and that it was obstructed by objects on the floor in front of it, which “caused [him] to

have to reach forward with difficulty.” These allegations identify specific barriers related to his

physical disability that denied him equal access to the business when he encountered them. This

is enough to establish an actual, concrete, and particularized injury. See Whitaker, 840 F. App’x

at 963.

Castillo-Antonio also alleges that he lives only four or so miles from the defendants’

establishment, that he frequently travels in that direction for business and pleasure, that he

intends to return to the establishment, and that he was deterred from returning on July 7 because

of the ongoing existence of these barriers. This is enough to establish a likelihood of recurring

harm for purposes of standing to seek injunctive relief.

But that is largely the extent of the factual content pleaded in the complaint. The rest of

the allegations consist mostly of legal conclusions and lengthy statutory quotations, not facts. For

starters, the complaint could do more to allege the specific deficiencies of each barrier. See

Whitaker, 840 F. App’x at 963–64. The allegations regarding the parking space consist of a

string of citations to the California Building Code and the United States Access Board

Accessibility Guidelines, with parentheticals describing what each subsection prohibits but

without clearly alleging whether (or how) the parking space violates each subsection. And the

sole allegation about the ATM is that there is insufficient clear floor space before it. But the

complaint provides no specific factual content to support that allegation. Are there objects in the

way? Is the ATM tucked away in a tight corner?

The complaint also fails to adequately allege that Castillo-Antonio encountered these

barriers. The complaint does not contain a single allegation that Castillo-Antonio attempted (or

even intended) to use the allegedly noncompliant ATM. (The generic, catch-all allegation that

“Plaintiff himself encountered the architectural barriers described herein” does not remedy this

deficiency.) And while the complaint offers more than that with respect to the parking and

service counter violations, it still fails to allege sufficient factual content as to Castillo-Antonio’s

encounters with those barriers.

For example, Castillo-Antonio alleges that the noncompliant parking conditions made it

difficult for him to “safely exit his vehicle.” But he provides no description or explanation as to

why or how it was difficult for him to safely exit the vehicle. Was it difficult because he drives

(or is driven in) a wheelchair-accessible van, and he did not have adequate clearance to safely

lower the wheelchair on a ramp or lift? Was it difficult because the ground was uneven, which

made rolling his wheelchair or balancing on his walker too challenging?

Finally, and crucially, Castillo-Antonio does not allege with any specificity the nature of

his disability or the type of mobility device he relies on. He alleges that he is “severely limited in

the use of his legs.” Does that mean that he is wheelchair-bound? Can he get by on a walker?

Does he require a service animal? Without details of this sort, Castillo-Antonio fails to

adequately allege that the specified barriers relate to his physical disability in such a way that he

was denied access when he encountered them. This is especially so given how inadequately the

specific deficiencies of each barrier are alleged.

For example, if the parking were noncompliant only in that it lacked sufficient clearance

for a wheelchair ramp or lift, and Castillo-Antonio relied on a walker instead, these allegations

would fail to state a claim that he was denied access due to the specified barrier because his

ability to park and enter the store would not have been impacted by the lack of clearance to lower

a wheelchair.”

The complaint is dismissed with leave to amend. The amended complaint is due 21 days

from the date of this order, and any response from the defendants is due 21 days from the filing

of the amended complaint.

IT IS SO ORDERED.

Dated: December 6, 2022 Lo.

umn off esses

VINCE CHHABRIA

United States District Judge

In support of his opposition to the defendants’ motion, Castillo-Antonio filed a declaration,

which states in part that he uses a wheelchair. But Castillo-Antonio must overcome a motion to

dismiss on the strength of well-pleaded facts in the complaint.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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